Four doctors have challenged the appointment of a consultant surgeon at Sri Jayawardenapura Hospital, and their fundamental rights petition has been accepted by way of leave to proceed by the Supreme Court. The doctors say the appointment is illegal, and that the post should have been advertised through the proper channels.
Petitioners W. D. Mahanama Gunasekera, Chandrasiri Karapitiya, Jagath Roshan de Costa Dassenaike and A. N. Kirthi Abayajeewa have cited as respondents the Minister of Health, Nimal Siripala de Silva; the Health Ministry Secretary H. A. P Kahandaliayanage; the Sri Jayawardenapura General Hospital Board; consultant surgeon Ditini Herath Samarakoon, and the Attorney-General.
The petitioners state that one of three posts of consultant surgeon at the hospital fell vacant with the departure of Dr. D. D. Ranasinghe on January 2008. The Sri Jayawardenapura General Hospital Board subsequently asked Ditini Samarakoon, a senior house officer at the time, to assume duties as consultant surgeon for Ward 14 until a permanent replacement was found.
Six months later the position had still not been filled with a permanent appointee. The petitioners wrote to the Hospital Board asking why the post had not been advertised, but received no reply. The petitioners later read a newspaper article that referred to Dr. Samarakoon as a consultant surgeon.
The petitioners subsequently learnt that Dr. Samarakoon’s appointment had been approved by the Health Ministry.
Shortly after her appointment, Dr. Samarakoon spent five months travelling overseas. It was discovered that she had not obtained leave from the Hospital Board, but had the Health Minister’s permission to travel. On her return to the country, Dr. Samarakoon received an official letter asking her to assume duties as a consultant surgeon.
The petitioners say Dr. Samarakoon’s exposure is limited to Colombo District and that she does not have their range of experience. They say her appointment as consultant surgeon was arbitrary and unlawful, and violated the petitioners’ fundamental rights, as guaranteed under Article 12(10 of the Constitution.
The petitioners have asked court to direct the Sri Jayawardenapura General Hospital Board to cancel Dr. Samarakoon’s appointment and call for applications for the post of consultant surgeon through public advertisements and circulars.
President’s Counsel Manohara de Silva appeared for the petitioners. |
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